Donald Trump arrest; read why he feels so
Donald Trump says he will be detained on Tuesday on accusations arising from a probe into a $130,000 settlement to porn star Stormy Daniels in 2016.
He will be the first ex-president to encounter criminal charges if he is.
Here are some critical questions on the problems at play in this case.
What is Donald Trump charged with?
In 2016, adult movie star Stormy Daniels contacted media agencies offering to sell her handle of what she said was an extramarital affair with Donald Trump in 2006.
Mr Trump’s crew got wind of this, and his attorney Michael Cohen paid $130,000 to Ms Daniels to keep her mouth shut.
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This is not unlawful. Yet, when Mr Trump repaid Mr Cohen, the payment history says it was for legal costs. Prosecutors state this amounts to Mr Trump forging business statements, which is a misdemeanour – a criminal violation – in New York.
Prosecutors could even allege that this disobeyed election law because his attempt to hide his payments to Ms Daniels was inspired by not wanting the public to know he had an affair with her. Covering up an offence by faking records would be a felony, which is a more severe accusation.
Even advocates for prosecution believe that either way, this is by no means a clear-cut issue. There is little precedent for such a prosecution, and past tries to blame politicians for crossing the line between campaign finance and private spending have failed.
“It’s going to be difficult,” says Catherine Christian, an ex-financial prosecutor for the New York City district lawyer.
Will he be charged?
The decision to point charges remains with New York City District Attorney Alvin Bragg. He set up the grand jury to examine whether there was enough proof to seek prosecution, and he is the only one who knows if – or when – an indictment will be disclosed.
